Q. Consider the following statements regarding the Anti-Defection Law in India:
1.It was inserted by the 52nd Amendment Act, 1985 as the Tenth Schedule to prevent political defections.
2.A member is disqualified for voluntarily giving up party membership or voting against party directions.
3.Anti-defection laws do not apply to violations of party whips during presidential polls.
4.The Chairman or the Speaker of the House decides to disqualify a member is final and is not subject to judicial review.
How many of the statements given above are correct?
Answer: C
Notes:
Explanation:
- Statements 1 and 2 are correct: The law was inserted by the 52nd Amendment and disqualifies members for voluntarily giving up party membership or voting against party directions.
- Statement 3 is correct: Anti-defection laws do not apply to violations of party whips during presidential elections.
- Statement 4 is incorrect: The Speaker/Chairman’s decision is subject to judicial review (Kihoto Hollohan v. Zachillhu, 1992).
Source- NOA
